Elmore v. Hill
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Action to recover damages for the failure of the defendant, as sheriff of Fond du Lac county, to collect an execution duly issued on a j udgment recovered by the plaintiffs against the Fond du Lac Threshing Machine Company, in the circuit court for that county.
Read the full summary
APPEAL from the Circuit Court for Fond du Lao County. Action to recover damages for the failure of the defendant, as sheriff of Fond du Lac county, to collect an execution duly issued on a j udgment recovered by the plaintiffs against the Fond du Lac Threshing Machine Company, in the circuit court for that county. The complaint alleges the official character of the defendant, the recovery of the judgment, the issuing of an execution thereon, and the delivery of the execution to the defendant, April 25, 1876. It contains a copy of the execution (which is in the usual form), also copies of…
1Opinion of the CourtLyost, J.
If the answer shows a legal excuse for the failure of the defendant sheriff to seize the property of the judgment debtor by virtue of the execution, before the property was placed beyond his reach by the sale and assignment thereof, or if the answer sufficiently denies the validity of the judgment, it states a defense, and the demurrer thereto was properly overruled. Otherwise the demurrer should have been sustained; for the answer states no other defense.
I. The degree of diligence required of a sheriff or other officer, when an execution is placed in his hands for collection, has been much…
2Cited by10 opinions
- Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
- Wisconsin Power & Light Co. v. Berlin Tanning & Manufacturing Co.Wisconsin Supreme Court · 1957
- Peacock v. United StatesCourt of Appeals for the Ninth Circuit · 1903
- Elmore v. HillWisconsin Supreme Court · 1881
- Ohlson v. PierceWisconsin Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.